by Saqib Khan | Sep 4, 2025 | Conveyancing, Landlord and Tenant Law, People
When you start looking for a new home, you’ll encounter two fundamental types of property ownership: freehold and leasehold. It’s a distinction that goes far beyond a simple label and has significant implications for your rights, responsibilities, and long-term costs.
At KhanMather Solicitors, we help our clients understand the nuances of both and guide them toward a purchase that is right for them. Here’s a simple breakdown of the key differences to consider before you buy.
Freehold: The Full Ownership Model
Freehold ownership is the most straightforward type of property ownership in the UK.
- What it is: When you buy a freehold property, you own both the building and the land it stands on outright, for an indefinite period.
- Common examples: Most houses in the UK are sold as freehold.
- Key implications:
- Full Control: You are the sole owner and are responsible for all repairs, maintenance, and insurance of the property. You have the freedom to carry out most alterations (subject to planning permission and building regulations).
- No Ground Rent: You do not have to pay ground rent to a landlord.
- No Service Charges: You are not subject to service charges for the maintenance of communal areas, as there are none.
- Easier to Sell: Freehold properties are generally more attractive to buyers and lenders because there are fewer legal complexities involved.
Leasehold: The Long-Term Rental Agreement
Leasehold ownership is essentially a long-term tenancy agreement.
- What it is: You own the right to live in the property for a fixed period (the “term of the lease”). You don’t own the land or the structure itself—that remains with the “freeholder” or “landlord.”
- Common examples: Almost all flats and apartments, and a growing number of new-build houses, are sold as leasehold.
- Key implications:
- Fixed Term: Leases can be very long (99, 125, or even 999 years). However, the length of the lease is crucial. As the term gets shorter (typically below 80 years), the property becomes harder to mortgage and can drop significantly in value.
- Ground Rent & Service Charges: You will typically have to pay annual ground rent to the freeholder and service charges for the maintenance of the building’s structure and communal areas (e.g., roof repairs, stairwell cleaning, communal gardens).
- Lease Covenants: The lease will contain covenants (rules) that you must abide by. These can restrict what you can do with the property, such as making alterations, owning a pet, or sub-letting.
- Lease Extension: If your lease term becomes too short, you will need to extend it. This can be a complex and costly legal process, and it requires negotiation with the freeholder.
Which is the Right Choice for You?
When choosing between a freehold and a leasehold property, here’s what to consider:
- For Freehold Buyers:
- Pros: Full control, no ground rent or service charges, generally a more straightforward sale.
- Cons: You are solely responsible for all maintenance costs, including unexpected and expensive repairs to the roof or foundations.
- For Leasehold Buyers:
- Pros: The freeholder is responsible for maintaining the building’s structure and communal areas, which can be a relief for flat owners.
- Cons: Ongoing ground rent and service charges, potential for costly lease extensions, and less control over your property.
Your Conveyancing Solicitor: Your Guide to the Fine Print
Whether you are buying a freehold or a leasehold property, having an expert conveyancing solicitor is non-negotiable.
For freehold properties, we will scrutinise the title deeds and searches to ensure you are gaining full ownership with no hidden surprises.
For leasehold properties, our role is even more critical. We will:
- Examine the length of the lease.
- Analyse the ground rent and service charge clauses.
- Review all covenants to ensure you understand any restrictions.
- Check for any known issues with the freeholder.
At KhanMather Solicitors, we provide expert, jargon-free advice on your property purchase. We will help you understand the long-term implications of a leasehold or freehold title, giving you the confidence to make a truly informed decision.
If you are thinking of buying, contact Hannah on 0161 850 9911 today for a conveyancing quote and a clear explanation of your options.
by Saqib Khan | Sep 2, 2025 | Conveyancing, Landlord and Tenant Law, People
When you’re buying a house, you’ll hear a lot about surveys and mortgage offers. But there’s another, equally critical part of the process that happens behind the scenes: conveyancing searches.
At KhanMather Solicitors, we often describe these searches as the legal equivalent of a thorough check-up on the property. While a survey tells you about the physical condition of the building, the searches tell you about the legal health of the property and the land it sits on. They can reveal hidden issues that a physical inspection would never uncover, and they are essential for protecting your investment.
Here are five key conveyancing searches and what they mean for your purchase.
- Local Authority Search
This is arguably the most important of all the searches. We submit a request to the local council to find out a wealth of information, including:
- Planning Permission: Have there been any planning applications (granted or refused) for the property or land nearby? This is crucial for understanding potential future changes to the area.
- Building Regulations: Has the property had any extensions or alterations, and were they approved by the council? This can reveal unapproved work that might cause problems later.
- Roads: Is the road the property is on adopted by the council? If not, the residents might be responsible for its upkeep.
- Conservation Areas and Listed Buildings: Is the property in a conservation area or is it a listed building? This can place significant restrictions on future modifications.
- Drainage and Water Search
This search is carried out with the local water and sewerage authority. It confirms how the property is connected to the public drainage and water mains. It reveals:
- Public Sewers and Drains: Are there public sewers running under the property? This is vital information, as it could affect your ability to build an extension or carry out other works.
- Water Supply: Is the property connected to a public water supply, and is it metered?
- Drainage: How is wastewater drained from the property?
This search can flag issues that might lead to unexpected costs, such as the need to pay for a private drain to connect to the public sewer.
- Environmental Search
This search, conducted through a specialist third-party company, looks at the land’s history to assess any environmental risks. It will highlight:
- Contaminated Land: Has the land previously been used for industrial purposes, such as a factory or a landfill? This could mean it contains harmful contaminants that would require costly clean-up.
- Flooding Risk: Is the property located in a high-risk flood zone?
- Radon Gas: What is the risk of radon gas levels in the area?
While these risks are often low, uncovering them is crucial for a complete picture of the property’s suitability.
- Chancel Repair Liability Search
This may sound archaic, but it’s still a valid concern. The search checks if the property is in a parish where landowners are liable for the cost of repairing the local church’s chancel (the part of the church around the altar). While rare, this liability can be unlimited, so it’s a risk we always check for. In some cases, we might advise taking out insurance to protect against it.
- Title Register and Plan
While not a ‘search’ in the same way as the others, reviewing the Title Register and Plan from the Land Registry is a fundamental part of the process. These documents confirm:
- Ownership: Who legally owns the property.
- Boundaries: The official legal boundaries of the property.
- Easements and Covenants: Any rights of way (e.g., a neighbour’s right to access your driveway) or restrictions (e.g., a covenant preventing you from building an extension).
A thorough review of the title documents by a solicitor is essential to ensure you are aware of any limitations or rights affecting the property.
Your Protection is Our Priority
These searches are a fundamental part of our job as your conveyancing solicitors. They provide the peace of mind that you are not just buying a building, but also all the legal rights and responsibilities that come with the land. Skipping them to save a small amount of money could expose you to significant financial and legal risk in the future.
At KhanMather Solicitors, we pride ourselves on our meticulous approach to conveyancing. We don’t just order the searches; we analyse the results, explain them in plain English, and advise you on how to proceed. If you’re buying or selling a property, contact our friendly and experienced property Team today on 0161 850 9911 for a conveyancing quote.
by Saqib Khan | Aug 19, 2025 | Conveyancing, General, Landlord and Tenant Law
Leasehold residential properties are a common type of housing in many countries around the world. They are particularly popular in urban areas, where land is scarce and expensive. In this blog, we will discuss leases with regards to leasehold residential properties, including what they are, how they work, and some of the key issues that arise in relation to them.
What is a Leasehold Residential Property?
A leasehold residential property is a type of property where the owner of the property only owns it for a fixed period of time. This period is determined by the lease, which is a legal contract between the owner (known as the landlord) and the occupier (known as the tenant). The lease will set out the terms and conditions under which the tenant can occupy the property, including the rent that they will pay, the length of the lease, and any other obligations that they may have.
How do Leasehold Residential Properties Work?
Leasehold residential properties work by giving the tenant the right to occupy the property for the length of the lease. During this time, they will be responsible for paying rent to the landlord and complying with any other obligations set out in the lease. These may include things like keeping the property in good condition, not making any alterations without the landlord’s permission, and not using the property for any illegal purposes.
At the end of the lease, the property will typically revert back to the landlord, unless the tenant is able to renew the lease or purchase the freehold. This can create uncertainty for tenants, particularly those who have invested a lot of time and money into improving the property.
Key Issues with Leasehold Residential Properties
One of the main issues with leasehold residential properties is the cost of ground rent and service charges. Ground rent is an annual fee that the tenant pays to the landlord for the use of the land on which the property is built. Service charges are fees that the tenant pays to cover the cost of maintaining the common areas of the property, such as the communal gardens or lifts.
In some cases, these fees can be very high, particularly if the landlord has sold the freehold to a third-party company. This can make it difficult for tenants to afford the cost of living in the property, and can also make it harder for them to sell the property when they want to move on.
Another issue with leasehold residential properties is the difficulty of making alterations to the property. Many leases will require the landlord’s permission before any alterations can be made, and this can be a slow and bureaucratic process. This can make it hard for tenants to make the property their own, and can also reduce the value of the property if potential buyers are put off by the restrictions.
Conclusion
Leasehold residential properties are a common type of housing in many countries around the world. They offer tenants the right to occupy a property for a fixed period of time, but can create uncertainty and financial challenges due to the cost of ground rent and service charges. Tenants may also face restrictions on making alterations to the property, which can reduce its value and make it harder to sell. If you are considering buying or renting a leasehold residential property, it is important to carefully review the terms of the lease and seek legal advice if necessary. Please call our conveyancing department on 0161 850 9911 to discuss any lease concerns you may have.
by Saqib Khan | Jul 31, 2025 | Business, Conveyancing, Landlord and Tenant Law
Buying a house is one of the most significant financial commitments you will ever make. Most people focus on the two main figures: the deposit and the mortgage. However, these are just the beginning. The truth is, there are a number of essential “hidden” costs that can quickly add up, and failing to budget for them can derail your plans.
At KhanMather Solicitors, we believe in being transparent with our clients from the start. Here’s a guide to the key costs you need to budget for beyond the price of the property itself.
- Conveyancing Fees
This is the legal work required to transfer the property from the seller to you. It’s a non-negotiable expense. Your conveyancing fees will be broken down into two parts:
- Legal Fees: This is the cost for your solicitor’s time and expertise, covering everything from drawing up contracts to dealing with the Land Registry. The cost can vary depending on the complexity of the sale (for example, a leasehold property is more involved than a freehold one).
- Disbursements: These are the third-party costs that your solicitor pays on your behalf. They include all the essential conveyancing searches we discussed in a previous blog post, as well as the fees for the Land Registry to officially register you as the new owner.
- Stamp Duty Land Tax (SDLT)
This is a government tax that you must pay when you buy a property or land in England and Northern Ireland over a certain price threshold. The amount you pay depends on the property’s value and whether you are a first-time buyer, a home mover, or buying a second property.
It’s a “slice” tax, which means different rates apply to different portions of the price. The total can be a significant sum, so it’s vital to calculate it accurately and budget for it from the outset. Your solicitor will handle the process of paying this tax for you.
- Mortgage-Related Costs
While you might have secured a mortgage offer, there can be a number of fees associated with the loan itself:
- Mortgage Arrangement/Product Fee: Many lenders charge a fee to set up the mortgage, particularly for deals with lower interest rates. This can often be added to your mortgage loan, but remember you will pay interest on it for the life of the loan.
- Valuation Fee: Your lender will conduct a valuation to ensure the property is worth the price you’re paying. This is for their benefit, not yours, and may come with a fee. It is often a quick assessment and is not a detailed survey.
- Mortgage Broker Fees: If you use a mortgage broker to find the best deal for you, they may charge a fee for their service.
- Survey Costs
While your lender will conduct a valuation, it’s highly recommended that you instruct your own independent survey. This is your chance to get a detailed report on the property’s condition, which could save you thousands in the long run. There are different levels of survey, with prices increasing with the detail provided:
- HomeBuyer Report (Level 2): Suitable for most modern, conventional properties in a reasonable condition. It identifies potential problems like damp or subsidence.
- Building Survey (Level 3): The most comprehensive survey, recommended for older properties, buildings in poor condition, or those with unusual construction. It gives a detailed account of the property and offers advice on repairs.
If a survey reveals significant issues, you may be able to use the findings to renegotiate the purchase price with the seller.
- Moving Costs
The cost of physically moving your belongings can also add up. This includes:
- Removals Company: The price will depend on the volume of your belongings and the distance of the move.
- Insurance: You might want to take out insurance to protect your items during the move.
- Storage: If there’s a gap between moving out and moving in, you might need to pay for temporary storage.
The Value of Preparation
The key to a smooth and stress-free house purchase is to be fully prepared and aware of all the potential costs. At KhanMather Solicitors, we provide a clear and transparent breakdown of all legal fees and disbursements from the start. We work with you and your mortgage broker to ensure you have a complete picture of your budget, leaving no room for nasty surprises.
For a fixed-fee conveyancing quote and expert advice on your property purchase, contact Hannah on 0161 850 9911 today.
by Saqib Khan | Jul 15, 2025 | Landlord and Tenant Law
When it comes to purchasing or selling a property, conveyancing is an important legal process that involves the transfer of the property’s ownership from the seller to the buyer. One crucial aspect of the conveyancing process is the need for deeds of variation.
Deeds of variation are legal documents that amend or alter the terms of the original agreement between the parties involved in a conveyancing transaction. These documents are typically used to modify the terms of a sale or purchase agreement, and they are essential to ensure that both parties are protected and that the transaction is completed smoothly.
The need for deeds of variation arises when there are changes to the terms of the original agreement, which can occur for several reasons. For example, the buyer may require a longer or shorter period to complete the purchase, or the seller may want to add or remove certain clauses from the agreement. In these situations, a deed of variation can be used to reflect the updated terms of the agreement and ensure that all parties are in agreement with the new terms.
In addition to modifying the terms of the agreement, deeds of variation are also essential for ensuring that the transaction is legally binding. These documents are typically drafted by solicitors, who ensure that the terms are clear and concise and that they comply with all relevant legal requirements.
Another important benefit of deeds of variation is that they can help to avoid future disputes or disagreements between the parties. By clearly setting out the updated terms of the agreement, deeds of variation can help to prevent misunderstandings and ensure that both parties are fully aware of their rights and obligations.
In conclusion, deeds of variation are an essential part of the conveyancing process, and they play a vital role in ensuring that transactions are completed smoothly, legally, and without any disputes. If you are involved in a conveyancing transaction, it is essential to work with a solicitor who can draft and advise you on the use of deeds of variation, ensuring that your interests are protected throughout the process.
Please call Hannah on 0161 850 9911 to discuss anything regarding Deeds of Variation.
by Saqib Khan | Jul 10, 2025 | Landlord and Tenant Law
When it comes to purchasing property with someone else, there are two main ways to own that property: as joint tenants or as tenants in common. Both types of ownership have their pros and cons, and it’s important to understand the differences so you can make an informed decision about which is right for you.
Joint tenancy is a type of co-ownership where all owners have equal rights to the property. When one owner dies, their share automatically passes to the remaining owners. This is known as the right of survivorship, and it means that the last surviving owner will inherit the entire property. Joint tenancy is often used by married couples or family members who want to ensure that their property passes directly to their partner or children without the need for probate.
Tenancy in common, on the other hand, is a type of co-ownership where each owner has a specific share of the property. These shares can be equal or unequal, and they can be bought or sold independently of the other owners. When one owner dies, their share passes to their heirs according to their will or state law. This means that the property can be inherited by multiple people, and it may need to be sold or divided among them.
So which is better: joint tenancy or tenancy in common? The answer depends on your individual circumstances and goals. Here are some factors to consider:
- Estate planning: If you want to ensure that your property passes directly to your partner or family members without the need for probate, joint tenancy may be the best option. However, if you have specific wishes about how your share of the property should be distributed after your death, or if you want to leave your share to someone who is not a joint tenant, tenancy in common may be a better choice.
- Ownership structure: Joint tenancy is often used by married couples or family members who want to own property together. However, if you are buying property with a business partner or friend, tenancy in common may be a better option because it allows you to have separate ownership interests and responsibilities.
- Financial considerations: If you are buying property with someone who has significantly more or less money than you do, tenancy in common may be a better choice because it allows you to divide ownership shares based on how much each person contributed. With joint tenancy, all owners have equal rights and responsibilities, regardless of how much they contributed.
- Management and control: Joint tenancy requires all owners to make decisions together, which can be a disadvantage if you have different ideas about how to manage the property. With tenancy in common, each owner has the right to manage and control their own share of the property, which can be beneficial if you want more control over your investment.
Ultimately, the decision to buy property as joint tenants or tenants in common depends on your individual circumstances and goals. It’s important to speak with one of our conveyancing solicitors on 0161 850 9911, or a financial adviser before making a decision to ensure that you fully understand the implications of each type of ownership.
